IN RE: K.M.A. Davidson County
No. 00 J 41
IN RE: S.L.A. Davidson County
No. 00 J 42
Doris C. Gamblin, for petitioner-appellee, Davidson County
Department of Social Services.
Joetta McQueen, for respondent-appellant, Stephanie Dolby
Adams.
Scott B. Lewis, for respondent-appellant, Glen Adams.
Hunton & Williams, by Jason S. Thomas, as guardian ad litem-
appellee for minor children, K.M.A. and S.L.A.
EAGLES, Chief Judge.
On 11 February 2000, Davidson County Department of Social
Services (DSS) filled two petitions alleging that K.M.A. and S.L.A.
(the children) were sexually abused and neglected. DSS filed
supplemental petitions on 2 May 2000. Judge Cathey entered ex-
parte orders for nonsecure custody on 2 May 2000. After a hearing
on 9 May 2000, Judge Cathey ordered continued custody with DSS and
granted supervised visitation at DSS for the mother, Stephanie
Adams. Additional hearings occurred on 29 June 2000 and 5 July 2000.
As a result of these hearings, Judge Cathey adjudicated the
children to be abused and neglected and ordered custody to remain
with DSS. A written adjudication order was signed on 11 September
2000. On 10 October 2000, the trial court entered its first
disposition order. That order gave legal and physical custody of
the children to DSS and granted Mrs. Adams up to two hours of
supervised visitation per week. Under the paragraph for other
comments, the trial court stated that the plan of care for the
children should be a concurrent plan of reunification with the
mother and guardianship with relatives.
On 5 February 2001, the Honorable Martin J. Gottholm presided
over a review hearing. The review order reiterated most of the
provisions of the first disposition order entered 10 October 2000.
However, the review order modified the plan of care. In the
other comments section, the trial court stated that the plan of
care for the children should be concurrently reunification with
the mother and TPR [termination of parental rights] and adoption.
From this order and the modification of the plan of care therein,
respondents appeal.
Respondents contend that the trial court was without statutory
authority to modify the plan of care for the children and that
there was insufficient evidence to support the trial court's
modification of the plan of care. We disagree.
In a hearing for review of a custody order, the trial court
may appoint a guardian or order placement for the juvenile withparents, relatives, or continue placement under review. Courts may
also provide for a different placement in the best interest of the
juvenile. N.C.G.S. § 7B-906. In addition, the trial court shall
consider, if relevant, when and if termination of parental rights
should be considered. N.C.G.S. § 7B-906(c)(8). The provisions of
N.C.G.S. § 7B-507 shall apply to any order entered pursuant to
Section 7B-906. N.C.G.S. §§ 7B-905(c), -906(f). Section 7B-507
authorizes the trial court to fashion a concurrent plan for a
juvenile. N.C.G.S. § 7B-507(d). The trial court is required at
a review hearing to evaluate '[w]hen and if termination of parental
rights should be considered.' In re LaRue, 113 N.C. App. 807,
810, 440 S.E.2d 301, 303 (1994); N.C.G.S. § 7B-906(c)(8).
In the 10 October 2000 dispositional order, the trial court
set out a a concurrent plan of reunification with the mother and
guardianship with relatives. Between 10 October 2000 and 5
February 2001, DSS contacted five of the children's relatives about
serving as guardians. Two of the relatives refused and three
failed to respond to the DSS inquiry. In light of this evidence,
the trial court removed the guardianship with relatives provision
and replaced it with a TPR and adoption alternative.
Respondents characterize this review order as an order by the
trial court setting forth a permanent plan of care for the
children. Respondents mischaracterize Judge Gottholm's order. The
trial court did not enter a permanent plan nor has the trial court
held a permanency hearing. The trial court's 5 February 2000
review hearing was merely a review of the 10 October 2000 custodyorder. Evidence presented by DSS indicated that the guardianship
with relatives goal was not feasible. Accordingly, Judge Gottholm
removed the guardianship with relatives option and substituted
TPR and adoption as an alternative to reunification with
mother. This modification provided notice of an alternative
placement that the court may consider at a permanency planning
hearing should reunification prove to be not in the best interest
of the children.
For the foregoing reasons, we hold that the respondents'
assignment of error is without merit. Accordingly, the order of
the trial court is affirmed.
Affirmed.
Judges McCULLOUGH and BIGGS concur.
Report per Rule 30(e).
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